CONVENTION BETWEEN THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

Desiring to conclude a convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income have agreed as follows: Scope of the Convention

Article 1

Personal Scope

This Convention shall apply to persons who are residents of one or both of the Contracting States.

Article 2

Taxes Covered

(1)

This Convention shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied. (2)

There shall be regarded as taxes on income all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property and taxes on the total amounts of wages or salaries paid by enterprises. (3)

The existing taxes to which the Convention shall apply are:-- (a)

in the case of the People's Republic of Bangladesh: (i) the income tax; and

(ii) the super tax and surcharges; (hereinafter referred to as "Bangladesh tax"); (b)

in the case of the Islamic Republic of Pakistan: (i) the income tax; and (ii) the super tax and surcharges: (hereinafter referred to as "Pakistan tax"). (4)

The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes by either Contracting State or by the Government of any territory to which the Convention is extended under Article 28 of the Convention. The competent authorities of the Contracting States shall notify each other of changes which have been made in their respective taxation laws.

Definitions

Article 3

General Definitions

(1)

In this Convention, unless the context otherwise requires: (a)

the term "Bangladesh" means the People's Republic of Bangladesh and when used in a geographical sense, the territory in which the Constitution of the People's Republic of Bangladesh is in force, as well as any area adjacent to the territorial waters of Bangladesh specified to be the Continental Shelf and Economic Zone of Bangladesh under any law made in pursuance of Article 143 of the Constitution; (b)

the term "Pakistan" used in a geographical sense means Pakistan as defined in the Constitution of the Islamic Republic of Pakistan and also includes any area outside the territorial waters of Pakistan which under the laws of Pakistan is an area within which the right of Pakistan with respect to the sea bed and sub-soil and their natural resources may be exercised; (c)

the terms "a Contracting State" and "the other Contracting State" mean Bangladesh and Pakistan as the context requires; (d)

the term "person" includes as an individual, a company and any other entity or body of persons; (e)

the term "company" means any body corporate or any entity which is treated as a body corporate for tax purposes; (f)

the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

(g)

the term "national" means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership and association deriving their status as such from the law in force in a Contracting State; (h)

the term "international traffic" means any transport by ship or aircraft operated by an enterprise of a Contracting State except when such ship or aircraft is operated solely between places in the other Contracting State; (i)

the term "competent authority" means: (i) in Bangladesh, the National Board of Revenue or their authorised representative; and (ii) in Pakistan, the Central Board of Revenue. (2)

As regards the application of the Convention by a Contracting State, any term not defined shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State concerning the taxes to which the Convention applies.

Article 4

Resident

(1)

For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reasons of his domicile, residence, place of management or any other criterion of a similar nature. But this term does not include any person who is liable to tax in that State in respect only of income from sources in that State. (2)

Where by reason of the provisions of paragraph (1) an individual is a resident of both Contracting States, then his status shall be determined as follows: (a)

he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests); (b)

if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode; (c)

if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national; (d)

if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.